SHAH ALAM: The Sessions Court Judge Rozina Ayob here today recused himself from hearing the case PKR secretary-general Mohd Rafizi Ramli who is facing charges under the Banking and Financial Institutions Act (BAFIA).
Rozina made the decision after realizing he has a family relationship with a key witness the case of the Chairman of the National Feedlot Corporation (NFC) Datuk Seri Dr Mohamad Salleh Ismail.
"This I realized after seeing the list of witnesses in which he (Mohamad Salleh) is on the list of witnesses the 13th. Although there is no application (for me withdraw) from both sides but preferably I withdraw for the benefit of all parties," he said.
Accordingly, Rozina said all proceedings application will be delayed until a new judge took over the case. He also informed that the court will issue a notice to inform the judge who will replace him and set May 22 for mention.
This is the second time Rozina recused himself from hearing cases involving party leaders.
On May 29, 2013, he recused himself from hearing the case of the Chairman of the Youth Justice (AMK) Nik Nazmi Nik Ahmad regarding assembly program 'Blackout 505' at Stadium Petaling Jaya City Council, on the grounds of a family relationship with the accused.
Earlier, Deputy Public Prosecutor Mohd Razali Dhiyauddin He told the prosecution he had contacted the Attorney General's Office regarding the intent Rozina.
"We have no objection to Rozina continue hearing the case," he said. N.Surendran lawyer representing Mohd Rafizi said the defense has no objection to proceeding in this case Rozina.
However, Rozina said that although he can perform its duties in a fair, but given the key witness who has no family relationship with his father, he is better to withdraw.
Surendran before it sought clarification from Rozina regarding media statements by NFC on 5 May that it wanted the judge recused himself from hearing this case.
"I read in Malaysiakini and the statement addressed directly to the judge," he said.
The court should hear Mohd Rafizi the Pandan MP to refer to the High Court three constitutional questions regarding the charges against him.
Mohd Rafizi PKR vice president filed an application under Section 30 of the Court of Justice in 1964 as a bank clerk, Johari Mohamad.
Among the constitutional questions would be referred Mohd Rafizi and Johari in the High Court is whether the charges against them may be continued even BAFIA was abolished and whether charges under the BAFIA was unconstitutional because the intention is not expressed as an element of an offense under the act.
Mohd Rafizi, 38, pleaded not guilty to disclose documents belonging to the bank account balance statements NFC, National Meat & Livestock Sdn Bhd, Agroscience Industries Sdn Bhd and bank accounts to consultants Mohamad Salleh Yusof Abdul Alim media and reporters of The Star Erle Martin Carvalho.
He is charged with committing the offense at the PKR headquarters in Merchant Square, Jalan Tropicana Selatan, Petaling Jaya, on March 7, 2012. Mohd Rafizi charged under Section 97 (1) of the BAFIA punishable under Section 103 (1) (a) of the same Act which carries a maximum imprisonment of three years or a maximum fine of RM3 million or both, if convicted.
Johari, 44, also pleaded not guilty to conspiring with Mohd Rafizi on the same date and address. He was charged under Section 112 (1) (c) BAFIA, and punishable under Section 103 of the same Act.
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